availability privilege (Tennessee) · Go Syfert
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availability privilege in Tennessee

11 Tennessee opinions name it 3 courts 1987–2024 2 in the last five years

The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Cooper v. Williamson County Board of Educationgreen
tenn · 1990 · cited in 2 Tennessee opinions naming this issue, 1993–2024
2 sentences

2024Cf. Cooper v. Williamson County Bd. of Educ., 803 S.W.2d 200, 201 (Tenn. 1990) (a hearing de novo in Chancery re- adjudicates the matter in a neutral forum, completely eliminating any arbitrariness or capriciousness in the board’s decision, which is not afforded a presumption of correctness).

1993Cf. Cooper v. Williamson *51 County Bd. of Educ., 803 S.W.2d 200, 201 (Tenn.1990) (a hearing de novo in Chancery re-adjudicates the matter in a neutral forum, completely eliminating any arbitrariness or capriciousness in the board’s decision, which is not afforded a presumption of correctness).

22
Tommy Nunley v. State of Tennesseegreen
· 2018 · cited in 1 Tennessee opinions naming this issue, 2024–2024
1 sentence

2024See also Payne, 493 S.W.3d at 487 . “[C]onsequently, relief must be determined by reference to the statutes.” Nunley, 552 S.W.3d at 819 (citing Jordan v. Baptist Three Rivers Hosp., 984 S.W.2d 593, 597 (Tenn. 1999)).

11
Pervis Tyrone Payne v. State of Tennesseegreen
tenn · 2016 · cited in 1 Tennessee opinions naming this issue, 2024–2024
1 sentence

2024See also Payne, 493 S.W.3d at 487 . “[C]onsequently, relief must be determined by reference to the statutes.” Nunley, 552 S.W.3d at 819 (citing Jordan v. Baptist Three Rivers Hosp., 984 S.W.2d 593, 597 (Tenn. 1999)).

11
Clark D. Frazier v. State of Tennesseegreen
tenn · 2016 · cited in 1 Tennessee opinions naming this issue, 2024–2024
1 sentence

2024Writs of error coram nobis are no longer governed by the common law; “[r]ather, in Tennessee, the availability of error coram nobis relief is governed solely by statute.” Frazier v. State, 495 S.W.3d 246, 248 (Tenn. 2016).

11
Jordan v. Baptist Three Rivers Hospitalgreen
tenn · 1999 · cited in 1 Tennessee opinions naming this issue, 2024–2024
1 sentence

2024See also Payne, 493 S.W.3d at 487 . “[C]onsequently, relief must be determined by reference to the statutes.” Nunley, 552 S.W.3d at 819 (citing Jordan v. Baptist Three Rivers Hosp., 984 S.W.2d 593, 597 (Tenn. 1999)).

11
Ackel v. National Communications, Inc.green
ca5 · 2003 · cited in 1 Tennessee opinions naming this issue, 2007–2007
1 sentence

2007Id. at 807, 118 S.Ct. 2275 ; Ackel, 339 F.3d at 386-88 (Garza, J., concurring).

11
Staples v. CBL & Associates, Inc.green
tenn · 2000 · cited in 1 Tennessee opinions naming this issue, 2004–2004
1 sentence

2004Staples v. C.B.L. & Assoc., Inc., 15 S.W.3d 83, 89 (Tenn. 2000).

11
State v. Inlowgreen
tenncrimapp · 2001 · cited in 1 Tennessee opinions naming this issue, 2002–2002
1 sentence

2002Tenn. Code Ann. § 39-11-611 (d); see State v. Inlow, 52 S.W.3d 101, 109 (Tenn. Crim.

11
William Dominque v. James A. Telb, Sheriff, Jimmy G. Putnam, Assistant Deputy Directorgreen
ca6 · 1987 · cited in 1 Tennessee opinions naming this issue, 1998–1998
1 sentence

1998See Dominque v. Telb, 831 F.2d 673, 677 (6th Cir. 1987).9 V.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Cooper v. Williamson County Board of Education green
tenn · 1987
2 sentences

1990This Court also considered Mr. Cooper’s charge that the Board had acted in an arbitrary, capricious, and unlawful manner in hearing the charges against him and in dismissing him as an employee, and noted that: Given the availability of a hearing de novo in these cases in which the Chancellor redetermines the merits of the charges and decides whether a board’s actions were justified by the evidence, we do not think that whether a board acted arbitrarily or capriciously has any relevance to the status of the teacher because a hearing de novo in the Chancery Court readjudicates the matter in a ne

1987While the foregoing discussion essentially resolves this issue as well, the evidence being sufficient to justify Plaintiffs dismissal, we take this opportunity to reiterate what we recently stated in Cooper, supra: “Given the availability of a hearing de novo in these cases, in which the Chancellor redetermines the merits of the charges and decides whether a board’s actions were justified by the evidence, we do not think that whether a board acted arbitrarily or capriciously has any relevance to the status of the teacher because a hearing de novo in the Chancery Court readjudicates the matter

21987–1990
Glossip v. Gross green
scotus · 2015
1 sentence

2018Glossip , 135 S.Ct. at 2739 .

12018–2018
Faragher v. City of Boca Raton green
scotus · 1998
1 sentence

2007Id. at 807, 118 S.Ct. 2275 ; Ackel, 339 F.3d at 386-88 (Garza, J., concurring).

12007–2007
Harlow v. Fitzgerald green
scotus · 1982
2 sentences

1998Harlow v. Fitzgerald, 457 U.S. 800 , 102 S. Ct. 2727 , 73 L.

1998Harlow v. Fitzgerald, 457 U.S. 800 , 102 S. Ct. 2727 , 73 L.

11998–1998
Estelle v. Smith green
scotus · 1981
2 sentences

1994The Court ruled that the testimony violated the defendant's Fifth Amendment privilege against self-incrimination, stating that "`the availability of the privilege does not turn upon the type of proceeding in which its protection is invoked, but upon the nature of the statement or admission and the exposure which it invites.'" Id., 451 U.S. at 462 , 101 S.Ct. at 1873 (quoting In re Gault, 387 U.S. 1, 49 , 87 S.Ct. 1428, 1455 , 18 L.Ed.2d 527 (1967)).

1994The Court ruled that the testimony violated the defendant's Fifth Amendment privilege against self-incrimination, stating that "`the availability of the privilege does not turn upon the type of proceeding in which its protection is invoked, but upon the nature of the statement or admission and the exposure which it invites.'" Id., 451 U.S. at 462 , 101 S.Ct. at 1873 (quoting In re Gault, 387 U.S. 1, 49 , 87 S.Ct. 1428, 1455 , 18 L.Ed.2d 527 (1967)).

11994–1994
In Re GAULT green
scotus · 1967
2 sentences

1994The Court ruled that the testimony violated the defendant's Fifth Amendment privilege against self-incrimination, stating that "`the availability of the privilege does not turn upon the type of proceeding in which its protection is invoked, but upon the nature of the statement or admission and the exposure which it invites.'" Id., 451 U.S. at 462 , 101 S.Ct. at 1873 (quoting In re Gault, 387 U.S. 1, 49 , 87 S.Ct. 1428, 1455 , 18 L.Ed.2d 527 (1967)).

1994The Court ruled that the testimony violated the defendant's Fifth Amendment privilege against self-incrimination, stating that "`the availability of the privilege does not turn upon the type of proceeding in which its protection is invoked, but upon the nature of the statement or admission and the exposure which it invites.'" Id., 451 U.S. at 462 , 101 S.Ct. at 1873 (quoting In re Gault, 387 U.S. 1, 49 , 87 S.Ct. 1428, 1455 , 18 L.Ed.2d 527 (1967)).

11994–1994

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 49-5-513 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 129 (1892–2026) PA 101 (1947–2026) CA 74 (1938–2026) CT 49 (1947–2024) FL 38 (1916–2023) NJ 35 (1930–2024) TX 32 (1920–2023) MI 30 (1951–2023) OH 28 (1985–2025) IL 27 (1912–2026) IN 27 (1978–2026) AL 26 (1913–2025) OR 22 (1951–2023) WA 21 (1966–2026) MA 19 (1975–2020) DE 19 (1957–2025) MD 19 (1962–2026) MN 19 (1953–2026) VT 16 (1963–2024) IA 15 (1975–2023) NC 14 (1941–2020) KS 13 (1961–2024) CO 13 (1973–2021) DC 13 (1973–2026) WI 11 (1957–2025) VA 11 (1956–2024) TN 11 (1987–2024) LA 11 (1971–2017) MT 11 (1976–2018) WY 10 (1972–2010) WV 10 (1989–2021) MO 10 (1970–2023) ME 9 (1977–2022) UT 9 (1982–2022) NM 9 (1978–2020) GA 8 (1994–2020) RI 8 (1937–2007) NH 7 (1979–2007) AR 6 (1972–2021) AZ 6 (1962–2016) HI 5 (1962–2023) ID 4 (1961–2025) SC 4 (1951–2007) NE 3 (1947–2014) KY 3 (2017–2024) SD 3 (1981–2020) NV 3 (1994–2011) OK 2 (2014–2014) AK 2 (1980–1992)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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